[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7942-7944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4585]
[[Page 7941]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Subtitle A, et al.
Elimination of Unnecessary Codifications; Final Rule
Federal Register / Vol. 61, No. 41 / Thursday, February 29, 1996 /
Rules and Regulations
[[Page 7942]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Subtitle A, Subtitle B, and Parts 200, 202a, 222, 233, 241,
260, 266, 267 and 850
[Docket No. FR-3993-F-01]
RIN 2501-AC14
Elimination of Unnecessary Codifications
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule removes from title 24 of the Code of Federal
Regulations the Department's codified appendices, parts, subparts, and
text which are unnecessary. Following a review of existing HUD
regulations in accordance with the President's regulatory reinvention
initiative, the Department has determined that the codified appendices,
parts, subparts, and text identified in this rule are unnecessary to be
retained in the Code of Federal Regulations because the programs will
not receive additional funding; no regulatory requirements are included
in the codifications and, therefore, the provisions need not be
codified or can be provided through other non-rulemaking means; e.g.,
notices or handbooks; the regulatory text is duplicative and can be
found elsewhere; the program has ended; or there are only a few
outstanding mortgages or contracts under the program.
This final rule also removes several provisions describing cross-
cutting definitions and HUD's waiver authority that were not addressed
in the Department's final rule creating part 5, which was published on
February 9, 1996. Part 5 was designed to set forth those definitions
and program requirements which cut across several of the Department's
programs.
EFFECTIVE DATE: April 1, 1996.
FOR FURTHER INFORMATION CONTACT: Camille E. Acevedo, Assistant General
Counsel for Regulations, Department of Housing and Urban Development,
Room 10276, 451 Seventh Street, SW, Washington, DC 20410. Telephone:
(202) 708-3055; TDD: (202) 708-3259.
SUPPLEMENTARY INFORMATION:
A. Elimination of Unnecessary Codifications
President Clinton's memorandum of March 4, 1995, titled
``Regulatory Reinvention Initiative'' directed heads of Federal
departments and agencies to review all existing regulations to
eliminate those that are outdated and modify others to increase
flexibility and reduce burden. As a part of HUD's overall effort to
reduce regulatory burden and streamline the content of title 24 of the
Code of Federal Regulations, this rule removes those appendices, parts,
subparts, and text which are unnecessary. Guidance presently provided
in these appendices codified will be available through other non-
rulemaking means.
To the extent that regulations are needed to implement new
legislation, they will be issued separately from this document. Any
determination to issue new regulations will be carefully considered to
ensure that it is consistent with the President's regulatory reform
efforts and the principles in Executive Order 12866.
Appendices unnecessary because the programs will not receive
additional funding: 24 CFR Subtitle A, Appendices A and B. Appendices A
and B of Subtitle A, which contain the program guidelines for the HOPE
1 and HOPE 2 programs will be removed.
Note: HOPE 1 (Appendix A) implementation and planning grantees
will comply with the HOPE 1 program guidelines published in the
Federal Register on January 14, 1992, at 57 FR 1527, as modified by
any subsequent Federal statutory enactments or executive orders.
HOPE 2 (Appendix B) implementation and planning grantees will comply
with the HOPE 2 program guidelines published in the Federal Register
on January 14, 1992, at 57 FR 1562, as modified by any subsequent
Federal statutory enactments or executive orders. Grantees for both
programs also remain subject to any requirements set forth in the
implementation or planning grant agreement, as applicable, including
HUD handbooks and notices.
Appendices and subparts unnecessary because no regulatory
requirements are included and the provisions need not be codified or
can be provided through other non-rulemaking means; e.g., notices or
handbooks: 24 CFR Subtitle B, Chapter I, Subchapter A, Appendices II,
III and IV; 24 CFR part 200, subparts A, C, and D (except for
Sec. 200.93); 24 CFR part 265.
Removal of Appendices. Appendices II, III, and IV of Subtitle B,
Chapter I, Subchapter II contain the Fair Housing Accessibility
Guidelines, the preamble to the final Fair Housing Accessibility
Guidelines, and a document entitled ``Questions and Answers about the
Fair Housing Accessibility Guidelines. The Fair Housing Accessibility
Guidelines are not mandatory, nor do they prescribe specific
requirements which must be met and which if not met, would constitute
unlawful discrimination under the Fair Housing Act. The purpose of the
guidelines is to provide technical guidance on designing dwelling units
as required by the Fair Housing Amendments Act. Removal of the
Guidelines will make it easier for HUD to update the Guidelines, if
necessary and appropriate, to address issues that may arise with
respect to new types of designs for dwelling units (the CFR is updated
only once a year).
Note: Copies of the Fair Housing Accessibility Guidelines
(Appendix II), the preamble to the final Fair Housing Act
Accessibility Guidelines (Appendix III), and the document entitled
``Questions and Answers about the Fair Housing Accessibility
Guidelines'' (Appendix IV) are available from the Office of Fair
Housing and Equal Opportunity, Department of Housing and Urban
Development, Room 5230, 451 Seventh Street, SW, Washington, DC
20410, telephone (202) 708-0288. Hearing or speech-impaired
individuals may call HUD's TDD number (202) 708-0113 or 1-800-877-
8399 (Federal Information Relay Service TDD). Other than the 800
number, these are not toll-free numbers.
Removal of Subparts A, C and D from Part 200. Subparts A, C, and D
of part 200 pertain to origin and establishment, organization and
management, and delegations to particular positions, respectively.
These provisions need not be codified (except for Sec. 200.93) and will
be made available through non-rulemaking means. Section 200.93
(presently contained in subpart D) pertains to the membership and
functions of the Multifamily Participation Review Committee and is
being retained as a new Sec. 200.227 within subpart H.
Subpart unnecessary because the regulatory text is duplicative and
can be found elsewhere by cross-reference: Subpart I of 24 CFR part 200
is being removed except for Sec. 200.300, pertaining to
nondiscrimination and fair housing policy, which is being retained with
minor editorial revisions to maintain the cross-references to the
controlling regulations.
Part unnecessary because the program has ended or was never
implemented: 24 CFR parts 202a and 260.
Part 202a, which pertains to Title I Mortgage Insurance, is being
removed because the program has expired. Part 260 pertains to Interest
Subsidy Grants, for which regulations were promulgated, but the program
was never implemented.
Parts for expiring programs, under which there are only a few
outstanding mortgages, contracts or grants: 24 CFR part 850.
No new grants have been issued under part 850, the Housing
Development Grants Program. This is an expiring program.
[[Page 7943]]
Note: The grants associated with part 850 (Housing Development
grants) will continue to be administered under the regulations that
existed immediately before April 1, 1996.
B. Cross-Cutting requirements. Continued consolidation of certain
cross-cutting requirements.
On February 9, 1996 (61 FR 5198), the Department published a final
rule creating a new 24 CFR part 5. HUD established part 5 to set forth
those requirements which are applicable to one or more program
regulations. Consolidation of these requirements in part 5 will
eliminate redundancy in title 24 and assist in the Department's overall
efforts to streamline the content of its regulations.
This rule removes Secs. 222.248, 233.248, 266.35, and 267.4 which
set forth the Department's waiver authority. Further, this rule also
removes the definition of the term ``Secretary'' in Sec. 241.1. HUD's
waiver authority and the definition of ``Secretary'' are already set
forth in 24 CFR part 5.
Justification for Final Rule
In accordance with 24 CFR part 10, it is the practice of the
Department to offer interested parties the opportunity to comment on
proposed regulations. However, this rule merely removes unnecessary
appendices, parts, subparts and text from title 24 of the Code of
Federal Regulations. Removal of these codifications does not establish
or affect substantive policy. Therefore, the Department has determined
that public comment is unnecessary and contrary to the public interest.
Other Matters
Environmental Review
This rulemaking does not have an environmental impact. This
rulemaking simply amends existing regulations by removing unnecessary
provisions and does not alter the environmental effect of the
regulations being amended. Findings of No Significant Impact with
respect to the environment were made in accordance with HUD regulations
in 24 CFR part 50 that implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) at the time of
development of the implementing regulations. Those Findings remain
applicable to this rule and are available for public inspection between
7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules Docket
Clerk at the above address.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that this rule does not have a significant
economic impact on a substantial number of small entities because this
rule pertains to the administrative matter of removing unnecessary
codifications from the Code of Federal Regulations.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
does not have ``federalism implications'' because it does not have
substantial direct effects on the States (including their political
subdivisions) or on the distribution of power and responsibilities
among the various levels of government.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule does not have
potential significant impact on family formation, maintenance, and
general well-being.
List of Subjects
24 CFR Part 200
Administrative practice and procedure, Claims, Equal employment
opportunity, Fair housing, Home improvement, Housing standards,
Incorporation by reference, Lead poisoning, Loan programs--housing and
community development, Minimum property standards, Mortgage insurance,
Organization and functions (Government agencies), Penalties, Reporting
and recordkeeping requirements, Social security, Unemployment
compensation, Wages.
24 CFR Part 202a
Mortgage insurance.
24 CFR Part 222
Condominiums, Military personnel, Mortgage insurance.
24 CFR Part 233
Home improvement, Loan programs--housing and community development,
Mortgage insurance, Reporting and recordkeeping requirements.
24 CFR Part 241
Energy conservation, Home improvement, Loan programs--housing and
community development, Mortgage insurance, Reporting and recordkeeping
requirements, Solar energy.
24 CFR Part 260
Grant programs--housing and community development, Low and moderate
income housing.
24 CFR Part 266
Aged, Fair housing, Intergovernmental relations, Mortgage
insurance, Low and moderate income housing, Reporting and recordkeeping
requirements.
24 CFR Part 267
Appraisals, Mortgage insurance, Property valuation, Reporting and
recordkeeping requirements.
24 CFR Part 850
Grant programs--housing and community development, Low and moderate
income housing, Reporting and recordkeeping requirements.
Accordingly, pursuant to the Secretary's authority under 42 U.S.C.
3535(d), subtitle A, subtitle B, and parts 200, 202a, 222, 233, 241,
260, 266, 267, and 850 of title 24 of the Code of Federal Regulations
are amended as follows:
Subtitle A--Office of the Secretary, Department of Housing and Urban
Development
Appendices A and B of Subtitle A [Removed]
1. Appendices A and B to subtitle A are removed.
Subtitle B--Regulations Relating to Housing and Urban Development
CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Subchapter A--Fair Housing
Appendices II, III, and IV of Subtitle B, Chapter I, Subchapter A
[Removed]
2. Subtitle B, chapter I, subchapter A is amended by removing
Appendices II, III, and IV.
PART 200--INTRODUCTION
3. Part 200 is amended:
Subparts A and C [Removed and Reserved]
a. By removing and reserving subparts A (Secs. 200.1 through 200.4)
and C (Secs. 200.40 through 200.44);
Sec. 200.93 [Redesignated as Sec. 200.27]
b. By redesignating Sec. 200.93 as Sec. 200.227;
Subpart D [Removed and Reserved]
c. By removing and reserving subpart D (Secs. 200.50 through
200.129);
[[Page 7944]]
Sec. 200.224 [Amended]
d. By amending Sec. 200.224 by removing the reference to
``Sec. 200.93'', and adding in its place ``Sec. 200.227''; and
e. By revising subpart I, to read as follows:
Subpart I--Nondiscrimination and Fair Housing
Sec. 200.300 Nondiscrimination and fair housing policy.
Federal Housing Administration programs shall be administered in
accordance with:
(a) The nondiscrimination and fair housing requirements set forth
in 24 CFR part 5; and
(b) The affirmative fair housing marketing requirements in 24 CFR
part 200, subpart M and 24 CFR part 108.
PART 202a [REMOVED]
4. Part 202a is removed.
PART 222--SERVICEPERSON'S MORTGAGE INSURANCE
Sec. 222.248 [Removed]
5. Section 222.248 is removed.
PART 233--EXPERIMENTAL HOUSING MORTGAGE INSURANCE
Sec. 233.248 [Removed]
6. Section 233.248 and the undesignated heading preceding it are
removed.
PART 241--SUPPLEMENTARY FINANCING FOR INSURED PROJECT MORTGAGES
Sec. 241.1 [Amended]
7. Section 241.1 is amended by removing paragraph (j) and by
redesignating paragraphs (k) and (l) and paragraphs (j) and (k),
respectively.
PART 260 [REMOVED]
8. Part 260 is removed.
PART 266--HOUSING FINANCE AGENCY RISK-SHARING PROGRAM FOR INSURED
AFFORDABLE MULTIFAMILY PROJECT LOANS
Sec. 266.35 [Removed]
9. Section 266.35 is removed.
PART 267--APPRAISAL AND PROPERTY VALUATION
Sec. 267.4 [Removed]
10. Section 267.4 is removed.
PART 850--HOUSING DEVELOPMENT GRANTS
11. Section 850.1 is revised to read as follows:
Sec. 850.1 Applicability and savings clause.
(a) Applicability. This part implements the Housing Development
Grant Program contained in section 17 of the United States Housing Act
of 1937 (42 U.S.C. 1437o). The Program authorized the Secretary to make
housing development grants to support the new construction or
substantial rehabilitation of real property to be used primarily for
residential rental purposes. Section 289(b)(1) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12839) repealed section 17
effective October 1, 1991. Section 289(a) prohibited new grants under
the Housing Development Grant Program except for projects for which
binding commitments had been entered into prior to October 1, 1991.
(b) Savings clause. Any grant made pursuant to a binding commitment
entered into before October 1, 1991 will continue to be governed by
subparts A through E of this part in effect immediately before April 1,
1996, and by subpart F of this part as currently in effect.
Sec. 850.3 [Removed]
12. Section 850.3 is removed.
Subparts B, C, D, and E [Removed and Reserved]
13. Subparts B (Secs. 850.11 through 850.17), C (Secs. 850.31
through 850.39), D (Secs. 850.61 through 850.79), and E (Secs. 850.101
through 850.107) are removed and reserved.
Dated: February 22, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-4585 Filed 2-28-96; 8:45 am]
BILLING CODE 4210-32-P
